CSX Transportation, Inc.Abandonment ExemptionChatham County, GA

[Federal Register Volume 61, Number 13 (Friday, January 19, 1996)]
[Notices]
[Page 1427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-552]



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SURFACE TRANSPORTATION BOARD

[Docket No. AB-55 (Sub-No. 520X)] 1


CSX Transportation, Inc.--Abandonment Exemption--Chatham County, 
GA

    CSX Transportation, Inc. (CSXT) has filed a verified notice under 
49 CFR Part 1152 Subpart F--Exempt Abandonments to abandon 
approximately 0.69 miles rail line between milepost SHB-511.66 and SHB-
512.35 in North Savannah, Hutchinson Island, Chatham County, GA.

    \1\  The proceeding was originally instituted by the Interstate 
Commerce Commission (ICC). The ICC Termination Act of 1995, Pub. L. 
No. 104-88, 109 Stat. 803 (the Act), which was signed into law by 
President Clinton on December 29, 1995, took effect on January 1, 
1996, and abolished the ICC and transferred certain functions and 
pending proceedings to the Surface Transportation Board (Board). 
Section 204(b)(1) of the Act provides, in general, that proceedings 
transferred from the ICC to the Board shall be decided under the law 
in effect prior to January 1, 1996. All statutory references in this 
notice will be to the former Interstate Commerce Act (ICA) 
provisions. The statutory provisions at 49 U.S.C. 10903-04 of the 
prior ICA were reenacted as 49 U.S.C. 10903 and responsibility for 
administering them is assigned to the Board.
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    CSXT has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) any overhead traffic on the line can be 
rerouted over other lines; (3) there is no overhead traffic on the 
line; (3) no formal complaint filed by a user of rail service on the 
line (or by a State or local government entity acting on behalf of such 
user) regarding cessation of service over the line either is pending 
with the Board with any U.S. District Court or has been decided in 
complainant's favor within the last 2 years; and (4) the requirements 
at 49 CFR 1105.7 (environmental report), 49 CFR 1105.8 (historic 
report), 49 CFR 1105.11 and 1152.50(d)(1) (notice to government 
agencies), and 49 CFR 1105.12 (newspaper publication) have been met.
    As a condition to this exemption, any employee adversely affected 
by the abandonment shall be protected under Oregon Short Line R. Co.--
Abandonment--Goshen, 360 I.C.C. 91 (1979). To address whether employees 
are adequately protected, a petition for partial revocation under 49 
U.S.C. 10505(d) must be filed.
    This exemption will be effective on February 17, 1996, unless 
stayed or a statement of intent to file an offer of financial 
assistance (OFA) is filed. Petitions to stay that do not involve 
environmental issues,2 statements of intent to file an OFA under 
49 CFR 1152.27(c)(2),3 and trail use/rail banking requests under 
49 CFR 1152.29 4 must be filed by January 29, 1996. Petitions to 
reopen or requests for public use conditions under 49 CFR 1152.28 must 
be filed by February 7, 1996. An original and 10 copies of any such 
filing must be sent to the Office of the Secretary, Case Control 
Branch, Surface Transportation Board, 1201 Constitution Ave, NW., 
Washington, DC 20423. In addition, one copy must be served on Charles 
M. Rosenberger, CSX Transportation, Inc., 500 Water Street J150, 
Jacksonville, FL 32202.

    \2\  The Board will grant a stay if an informed decision on 
environmental issues (whether raised by a party or by the Board in 
its independent investigation) cannot be made before the exemption's 
effective date. See Exemption of Out-of-Service Rail Lines, 5 
I.C.C.2d 377 (1989). Any request for a stay should be filed as soon 
as possible so that the Board may take appropriate action before the 
exemption's effective date.
    \3\  See Exempt. of Rail Abandonment--Offers of Finan. Assist., 
4 I.C.C.2d 164 (1987).
    \4\  The Board will accept late-filed trail use requests so long 
as the abandonment has not been consummated and the abandoning 
railroad is willing to negotiate an agreement.
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    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    CSXT has filed an environmental report which addresses the 
abandonment's effects, if any, on the environment and historic 
resources. The Board's Section of Environmental Analysis (SEA) will 
issue an environmental assessment (EA) by January 23, 1996. A copy of 
the EA may be obtained by writing to SEA (Room 3219, Surface 
Transportation Board, Washington, DC 20423) or by calling Elaine Kaiser 
at (202) 927-6248. Comments on environmental and historic preservation 
matters must be filed within 15 days after the EA becomes available to 
the public.
    Environmental, historic preservation, public use, or trail use/rail 
banking conditions will be imposed, where appropriate, in a subsequent 
decision.

    Decided: January 11, 1996.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-552 Filed 1-18-96; 8:45 am]
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